ROSHAN LAL Vs. DUNI CHAND

JUDGEMENT

(1.) This revision petition is directed against the order of Senior Sub -Judge, Hamirpur in case No. 231 -1/87, decided on 24 -5 -1989.

(2.) Briefly, the case is that the plaintiff filed a suit for the grant of a decree for specific performance of agreement dated 25 -12 -1985 and in the alternative, for the recovery of Rs. 40,000 by way of damages The case was contested by the defendants on the ground that the suit was barred by the provisions of Order 2, Rule 2, Civil Procedure Code (hereinafter GP.C ) and the principles of res judicia. The trial Judge framed the following two issues in this case : - "(1) Whether the suit of the plaintiff is barred by Order II Rule 2 C. P. C.? OPD5to9. (2) Whether the suit is barred by principle of res judicata? OPD, (3) Relief.

(3.) The averments of the plaintiff are that the defendant Narpat, on his own behalf and on behalf of defendants No. 2 to 4 agreed to sell 4/5th share in the land comprised in Khasra Nos. 261, 938, 939, 1035, 1120, 1122, 1130 and 1131, measuring 28 Kanals 14 Marlas, situate in Tika Daruhi, Mauza Bajuri, Tehsil and District Hamirpur for a sum of rupees one lac to the plaintiff through agreement of 25 -12 -1985, and received a sum of Rs. 20,000 by way of advance. However, the defendant Nos. 1 to 4 did not execute the sale deed despite request in that behalf. Despite a written demand notice, the land was sold to defendants Nos. 5 to 9 through different sale deeds thus, refusing to perform his part of the contract,